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ARTICLE ID 195726

$________ FOR DEFENDANT ON COUNTERCLAIM Legal Malpractice – Claimed failure to assert full damages in underlying landlord/tenant dispute – Counterclaim for legal fees due and owing.

Miami-Dade County, FL

The plaintiff brought this legal malpractice action against an attorney and his professional association, alleging that the defendant failed to properly represent the plaintiff in an underlying ________ jury trial. Specifically, the plaintiff alleged that the defendant failed to assert the full amount of the plaintiff’s compensatory damages in the underlying tenant/landlord dispute. The defendant attorney argued that he presented the best credible damage evidence to the jury in the ________ trial. The defendants asserted a counterclaim for legal fees due and owing by the plaintiff.

The defendant attorney was retained to represent the plaintiff in a commercial landlord/tenant dispute. The plaintiff was a tenant who claimed that the landlord’s failure to timely repair the premises after a fire breached the covenant of quiet enjoyment contained in the lease. The plaintiff alleged that its damages in the underlying action exceeded $________; but the defendant attorney only presented a damage claim for $________ in the underlying ________ trial.

The defendants argued that the defendant attorney put forward the best credible damage evidence in the plaintiff’s underlying case.The jury found that the defendants did not breach the standard of care when representing the plaintiffs in the ________ trial. The court granted a directed verdict on the counterclaim, awarding the defendants roughly $________ in past due legal fees owed by the plaintiffs.

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